Memorandum for the Petitioners | 69
6.6. By the 1980s, the entire fossil fuel industry knew there was a
scientific consensus that climate change was real, caused by the use of their
fossil fuel products, and would have significant impacts on the environment
and human rights. However, instead of acting on this information to reverse
or limit the harmful impacts of their operations, there is evidence that certain
companies used the information to support and maintain their harmful
business model.289 With the establishment of the IPCC and the start of the
global climate negotiations in the 1990s, the fossil fuel industry ran full blown
campaigns to manufacture doubt about climate science with the aim of
delaying meaningful action.290
r
r
6 .7. The respondents’ actions continue to demonstrate an intent to put
profit over human rights, even today, despite the Paris Agreement entering
into force and the IPCC’s Special Reports in 2018 and 2019. The respondents
continued to invest in fossil fuel products, despite the clear scientific grounds
supporting a rapid phase-out to avoid the worst impacts of climate change . 291
This is a new form of climate denial, where fossil fuel companies bet on
humanity failing to achieve global and national climate commitments.
6 .8. While a few of the respondents responded to the Petition with
lofty statements about their efforts to address climate change, they have thus
far refused to engage in a dialogue with the petitioners about the real climate
harms being suffered by the Filipino people.292 Not one of the respondents
submitted evidence or testified after the National Inquiry commenced, despite
the Honorable Commission’s accommodating measures ( i.e ., conveniently
holding inquiry hearings and consultations in countries where respondents are
headquartered ). The respondents’ disregard of the National Inquiry is yet
another example of companies’ failure to fulfill their responsibility to act with
due diligence and respect and protect human rights.
Muffett, C., supra note 141 , p. 13 , 32; Jerving, S., et al . (09 October 2015 ), What Exxon Knew About
Earth's Melting Arctic , Los Angeles Times , available at http://graphics. latimes.com/exxon-arctic/ ( last
accessed on 12 September 2019); Carlson, J. M. (03 August 1988), Exxon Memo on the Greenhouse Effect ,
p. 7, available at http://www.climatefiles.com/exxonmobil/566/ (last accessed 12 September 2019).
290
Davies, K ., supra note 223 , pp. 3-9; See Exhibit “J,” Supran, G . and Oreskes , N. (23 August 2017 ),
Assessing ExxonMobil’s Climate Change Communications ( 1977-2014 ).
291
See Exhibit “VVVVVVVV” to “VVVVVVVV- 15 ” McGlade, C. and Ekins, P. (08 January 2015 ), The
Geographical Distribution of Fossil Fuels Unused When Limiting Global Warming to 2°C; See Exhibit
WWWWWWWW” to “WWW WWWWW- 14,” Statement of Resource Persons, Mark Campanale and
Andrew Grant dated 28 October 2018; Muttitt , G . ( 16 January 2019 ), Assessing Shell’s Climate Plans. Oil
Change International, available at https://storage.googleapis.com/planet4-philippinesstateless/2016/07/e 9ff6 lfa-shell -climate-gm-philippines-chr.pdf ( last accessed on 12 September 2019);
Hill, J. S . (01 April 2019), Big Oil Invested More Than $ 1 Billion On Misleading Climate Lobbying Since
Paris, CleanTechnica, available at https://cleantechnica.com/2019/04/01 /claims-big-oil- invested-over- l billion-on-misleading-climate-lobbying-since- paris-labelled-fanciful/ (last accessed on 12 September
2019).
292
Petitioners’ Consolidated Reply, also available at https ://securedstatic.greenpeace.org/seasia/ph/PageFiles/73 5291 /Human_Rights_and_Climate_Change_Consolidated_Re
ply_2_10_ 17.pdf?_ga=2. 190604203 . 1262065206 . 1567606580- 1204342681 . 1567606580 ( last accessed on
12 September 2019).
289
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents